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Conditional Lien Waiver Template for Austria

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Key Requirements PROMPT example:

Conditional Lien Waiver

"I need a Conditional Lien Waiver for a commercial building renovation project in Vienna, where our company as the general contractor will waive lien rights upon receiving the final payment of 鈧500,000 scheduled for March 2025."

Document background
A Conditional Lien Waiver is a crucial document in Austrian construction and property development projects, used when a contractor, subcontractor, or supplier agrees to waive their lien rights against a property upon receiving specific payment. This document type is particularly important in Austria, where property rights and construction liens are strictly regulated under the ABGB (Austrian Civil Code) and related legislation. The Conditional Lien Waiver includes essential information such as party details, project specifics, payment amounts, and the precise conditions under which the waiver becomes effective. It serves as a risk management tool for property owners while protecting the rights of contractors and suppliers to receive payment for their work or materials. The document is typically used during project progress payments or final payment stages, and must comply with Austrian legal requirements for lien waivers and property rights.
Suggested Sections

1. Identification of Parties: Full legal names and addresses of the Lien Holder (typically contractor/subcontractor) and the Property Owner/General Contractor

2. Project Information: Details of the construction project, including property address, project name, and contract reference numbers

3. Payment Amount: Specific amount of payment that triggers the lien waiver, including any previous payments and current payment details

4. Waiver Conditions: Clear statement of the conditions that must be met for the waiver to become effective, typically the receipt and clearing of payment

5. Scope of Waiver: Specific description of what rights are being waived, including the time period covered by the waiver

6. Representations and Warranties: Statements confirming the lien holder's authority to execute the waiver and that no assignment of lien rights has occurred

7. Execution: Signature blocks, date, and any notarization requirements under Austrian law

Optional Sections

1. Retention of Rights: Section specifying any rights that are explicitly retained, used when partial waiver is intended

2. Third-Party Claims: Section addressing potential claims by subcontractors or suppliers, included when the waiving party has subcontractors

3. Previous Payments: Detailed listing of previous payments received, included for progress payments in ongoing projects

4. Governing Law: Explicit reference to Austrian law application, included in international projects or when dealing with foreign entities

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project, including plans, specifications, and scope of work covered by the lien waiver

2. Schedule B - Payment History: Detailed breakdown of all payments received and outstanding amounts

3. Schedule C - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

4. Appendix 1 - Property Description: Legal description of the property and relevant land register details

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




















Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Manufacturing

Industrial Installation

Commercial Property

Residential Development

Engineering

Architecture

Relevant Teams

Legal

Construction

Project Management

Finance

Real Estate

Risk Management

Procurement

Commercial

Development

Operations

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Property Developer

Construction Site Manager

Finance Director

Real Estate Manager

Procurement Manager

Project Coordinator

Risk Manager

Commercial Director

Development Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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